Dixon v. Westinghouse Elec. Corp.

Decision Date06 July 1988
Docket NumberNo. 85-2033,85-2033
Citation857 F.2d 945
Parties47 Fair Empl.Prac.Cas. 1881, 47 Empl. Prac. Dec. P 38,319 Patricia A. DIXON, Appellant, v. WESTINGHOUSE ELECTRIC CORPORATION, Appellee.
CourtU.S. Court of Appeals — Fourth Circuit

Prior reports: D.C., 615 F.Supp. 538; 4th Cir., 787 F.2d 943.

ORDER

On May 23, 1988, the United States Supreme Court entered its order, --- U.S. ----, 108 S.Ct. 1990, 100 L.Ed.2d 222 granting the petition for a writ of certiorari, vacating our judgment, and remanding this case to us for reconsideration in light of Equal Employment Opportunity Commission v. Commercial Office Products Co., 486 U.S. --- 108 S.Ct. 1666, 100 L.Ed.2d 96 (1988).

In obedience to the mandate, we have reconsidered this case under Commercial Office Products. We are now of the opinion that the charge in this case was timely filed and that our decision affirming the district court's dismissal of the complaint as time-barred was in error.

It is accordingly ADJUDGED and ORDERED that this case shall be, and the same hereby is, remanded to the district court with the instruction that the summary judgment in favor of Westinghouse be vacated and that plaintiff's action be reinstated on the docket.

ENTERED at the direction of Judge HALL with the concurrences of Judge WIDENER and Judge HAYNSWORTH.

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    ...223 (1988). Upon reconsideration, the Fourth Circuit concluded that the earlier decisions were in error. See Dixon v. Westinghouse Electric Corp., 857 F.2d 945 (4th Cir.1988).We note also that other courts have taken an approach similar to the one we today adopt, and have expressly rejected......
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